General terms and conditions

GENERAL TERMS AND CONDITIONS UN-WRAPPED

0. DEFINITIONS
We, us, our:
The General Partnership unwrapped, registered
in the Trade Register of the Chamber of Commerce under
number 77249046, and with registered office at (6031BE) Nederweert
at the address Julianastraat 5.
You, your, your(r):
that's you or the company you represent! So the
party who enters into an Agreement with us or to whom we
have submitted a quotation, or any other
legal relationship with us. Where the context requires
required will “you, your or yours” also include any individual person of
be the party that uses our Services on behalf of the
party and/or companies affiliated with the party.
Consumer:
a natural person who does not act for purposes that
related to his/her trade, business or
craft or professional activity.
Agreement :
any oral or written agreement between
us and you, any change or addition
thereon, and all actions in preparation and/or
implementation of that agreement.
Parties: Product(s):
You and us together.
All products that we supply in the execution of the
Agreement, such as (but not limited to) gift boxes.
Day:
A calendar day.

1. WHEN DO THESE GENERAL TERMS AND CONDITIONS APPLY?
1.1 These general terms and conditions apply to all our offers and
proposals and on any Agreement we enter into with you.
1.2 The applicability of your purchasing or other conditions is
explicitly rejected. If you yourself make purchasing or other
If any of these terms and conditions apply, they will not apply to our Agreement.
1.3 Deviations from or additions to our general terms and conditions are of course possible.
always, but these only apply if we have given written consent
given and only on the part of the Agreement for which this agreement is made
datum.
1.4 If one or more provisions of these general terms and conditions are ever fully
or are partially null and void or annulled, the remaining provisions will remain in full force
of these general terms and conditions fully apply. We will then
agree a new provision with you, without affecting the purpose and scope of
to lose sight of the invalid or voided provision.
1.5 If we do not always obtain strict compliance with these general terms and conditions from you,
request, then this does not mean that the provisions of these general terms and conditions
conditions no longer apply, or that we would lose the right
to ensure strict compliance with the provisions of these terms and conditions in other cases
to desire.

2. PROPOSALS
2.1 When we talk about proposals, we mean all quotations,
offers and other proposals that we make to you.
2.2 The nature and scope of the Agreement shall be determined by the
description of the Products as included in the proposal.
2.3 l Our proposals are without obligation, unless we expressly state otherwise in a proposal.
state the term for acceptance. This means that we have the right to
The terms and conditions of the proposal can still be changed. Therefore, you cannot change the proposal.
derive rights. A proposal will in any case lapse if the offered Services
are no longer available in the meantime.
2.4 We cannot be held to a proposal issued if it, or
any part thereof, contains an error or typo which is apparent to you
is or should be.
2.5 Our offers or quotations do not automatically apply to future
assignments.
2.6 If we include a composite price quote in the quotation, we can
not be obliged to carry out part of the assignment against a
corresponding part of the composite price.
2.7 We have the right to change the agreed price at any time.
without you having the right to terminate the Agreement for that reason if
the price increase results from a power or obligation under the
legislation or regulations, or if the price increase is the result of other grounds that apply
entering into the Agreement could not reasonably have been foreseen.
2.8 All amounts stated on the website are always inclusive of VAT and other
government-imposed Product or Service related levies, unless
Unless expressly stated otherwise. All amounts are in euros.

3. AGREEMENT
3.1 An Agreement will only be concluded if (I) you have received a quotation or offer from
accepts us without modification, or; (II) we enter into an Agreement in writing (under
In these terms and conditions, written communication also includes communication by e-mail), or
(III) we have already performed the Agreement in whole or in part.
3.2 Agreements, commitments or changes to the Agreement made by (or
on our behalf) after entering into the Agreement are only binding
if these have been confirmed by us in writing, or if we have already started work on the
its implementation.
3.3 We may, at or after entering into the Agreement and before the
Agreement (further) is executed require sufficient security from you,
that you meet both your payment obligation and any other
obligations. For this reason, we cannot charge a deposit on the
request invoice amount before starting the execution of the
Agreement. If you refuse to provide us with the requested security,
we may also refuse to (further) perform the Agreement.
3.4 If you purchase third party services or provide services to third parties through our Services,
offers, we are not a party in this. If you decide to enter into an agreement yourself
If you enter into a contract with this third party, we are not a party to it. You must then deal with it yourself
make this third new agreements.

4. RIGHT OF WITHDRAWAL
4.1 A Consumer has the option to cancel a distance purchase
To terminate the agreement without giving reasons. The Consumer must
to notify the consumer of the revocation within 14 days, after the day after the Product has been
received by the Consumer or a party designated in advance by the Consumer
representative. Please note: personalized products are excluded from the right of withdrawal.
4.2 In some cases you cannot rely on the right of withdrawal, such as
referred to in Article 6:230p of the Dutch Civil Code. This is, for example, the case if Products with
have a limited shelf life, there is personalized
Products or if a seal is broken.
4.3 During the 14-day reflection period, the Consumer will handle the product with care
with the delivered Product and any packaging. The Consumer will
Unpack the product only to the extent necessary to enable
assess whether he/she wishes to keep the Product. If the Consumer of the
If the consumer exercises the right of withdrawal, he/she will return the Product with all delivered
accessories – to the extent reasonably possible – in the original condition and
return the packaging to us. The Consumer will do this based on our
instructions.
4.4 If the Consumer wishes to make use of the right of withdrawal, he/she is
You are obliged to notify us of this within 14 days of receipt of the Product.
to make. The Consumer must do this by sending unambiguous
statement showing that he/she wishes to revoke the Agreement or
the completed Model Withdrawal Form referred to in Appendix 1 of this
to send us the general terms and conditions. The Consumer must receive the Product
within 14 days after making the declaration as described in the previous sentence,
returns. The burden of proof for returning the delivered Product on time
and the burden of making the unambiguous statement lies with the Consumer.
4.5 If the Consumer exercises the right of withdrawal, the
return shipping costs will be borne by him.
4.6 If the Consumer does not comply with the terms mentioned in this article after the expiry of the terms mentioned in this article,
has informed us in the prescribed manner that you wish to use
of the right of withdrawal or if you have not returned the Product to us,
the purchase is a fact.

5. OBLIGATIONS OF THE OTHER PARTY
5.1 You ensure that all data and documents that we have
indicated that these are necessary for the correct and timely execution of the
Agreement, or which you should understand are necessary for
the correct execution of the Agreement, be made available to us in a timely manner
You are obliged to always provide us with your current contact details.
communicate.
5.2 You are responsible for ensuring that all information provided to us is complete,
are reliable and accurate. Even if this information has been obtained from or through third parties.
5.3 You grant us free access and/or passage to the (physical or digital)
location where the Agreement is performed. This includes, among other things, the
obligation to provide us with any necessary passwords or access
provide for/to the digital location where the Agreement is concluded
performed.
5.4 If you fail to fulfil your obligations as intended, or fail to fulfil them in a timely manner or properly,
If you have complied with the first three paragraphs of this article, we have the right to
to suspend the performance of the Agreement until such time as you do
you have fulfilled your obligations as stated in this article. If, as a result,
If you incur costs for this, these costs will be charged to you.
In that case, we will charge you the costs based on a subsequent calculation.
are brought.
5.5 You must accept the Product when it is made available to you.
are requested. If you refuse this acceptance and/or are negligent in providing
of instructions necessary for the delivery of the (agreed)
Products, then we have the right to ship the goods at your expense and risk.
to save. If you choose to pay via Klarna, you are bound by Klarna's terms and conditions.
5.6 You are not permitted to assign any rights or obligations you may have under
to sell, transfer, pledge or assign the Agreement to a third party
to otherwise alienate or encumber.

6. EXECUTION OF THE AGREEMENT
6.1 All work carried out by us in the performance of the
Agreement, will be performed to the best of our knowledge and ability
in accordance with the requirements of good workmanship, all on the basis of the
state of science known at that time. With regard to the intended
activities, there is an obligation of best efforts on our part.
6.2 We determine the manner in which and by which persons the Agreement is concluded.
carried out, but we will take the requirements you have expressed into account as much as possible
possible. We reserve the right to refuse persons and/or
employees involved in the implementation of the Agreement
replace.
6.3 Unless we expressly state otherwise in writing, specifications of dimensions,
weights and other data as reliable estimates as possible. This
no rights can be derived from this.
6.4 We have the right to have work carried out by third parties.
For example, we can have someone else do the shipping.
6.5 If after the conclusion of the Agreement it appears that the
proper execution thereof is necessary to amend the Agreement or
to be supplemented, the Parties will amend the Agreement in a timely manner and in consultation
adjust accordingly.
6.6 If the Parties agree that the Agreement will be amended or
supplemented, the delivery time may be affected. We
will inform you of this as soon as possible. If the change of
and/or the supplement to the Financial and/or Qualitative Agreement
If this has consequences, we will inform you about this in advance.

7. DELIVERY
7.1 The place of (final) delivery is the address that you have provided to us.
made even if you fail to receive the Products at that time
refused.
7.2 Specified (delivery) times are indicative and are never fatal terms. If
If a term is exceeded, you must first send a written notice with a
send us a second chance (notice of default).
7.3 The risk of damage, loss,
theft and loss of the Products from you.
7.4 We are always permitted to collect claims we have against you.
offset against amounts you owe us.
7.5 To determine the delivery date and what you owe us
If you are, our administration is always leading.

8. SUSPENSION AND TERMINATION
8.1 We have the right to suspend or terminate the performance of the Agreement
to terminate the Agreement without being obliged to pay any
compensation, damages or costs, if:
- you do not fulfil the obligations under the Agreement, do not fulfil them in full or do not fulfil them on time;
- after the conclusion of the Agreement we have good reasons to do so
can expect that you will not meet your obligations;
- due to the delay on your part, we can no longer be expected to
you will enter into the Agreement under the originally agreed conditions
to comply with;
If one of the above cases occurs, you are obliged to do so under
breach of contract, to compensation or damages and you are liable
for all damages (including costs) that are directly or indirectly suffered by us
to arise.
8.2 We always have the right to terminate an Agreement or any amendment thereto.
refuse or terminate if the Agreement conflicts with a legal
provision or regulation. We may also refuse or terminate an Agreement
if in our opinion the Agreement may harm the interests
or good name of our company.
8.3 If the Agreement between the Parties is terminated, then the
claims we have against you become immediately due and payable.
8.4 In the event of liquidation, (application for) suspension of payment or
bankruptcy, seizure of your assets (longer than three months),
debt restructuring or another circumstance that means you are no longer free to
your assets, we are free to terminate the Agreement immediately
to say and/or cancel the order or Agreement, without any
our obligation to pay any damages or compensation.
In this case, our claims against you are immediately due and payable.

9. CANCELLATION
9.1 Unless otherwise stated in these general terms and conditions,
Cancellation of the Services is only possible if we and you both agree.
9.2 If you wish to cancel the Agreement in part or in full, we will charge you the
costs of the hours and work already performed, and any costs for
already outsourced services or ordered Products, will be charged to you. In any case
until the cancellation date. We will then receive a minimal compensation from you
of 30% of the total agreed or budgeted costs for the implementation
of the Agreement would be owed by you. If necessary, then
We can also ask for full compensation.
9.3 The cancellation date is the date on which we receive the written cancellation.
have received.
9.4 For the determination of the costs incurred and the associated
The cancellation date is determined by our administration. In case of depreciation due to use or damage, we may retain part of the purchase price.

10. FORCE MAJEURE
10.1 In the event of force majeure, we may suspend the performance of the Agreement
Postpone. You can find this in Article 6:75 of the Dutch Civil Code.
10.2 In addition to what is provided in law and case law, force majeure is deemed to
understand: all external causes, foreseen or unforeseen, to which we
cannot influence, but which prevents us from being able to
to fulfil obligations under the Agreement. This also includes the situation where
there is a strike in our company or the company of a third party, a
internet outage, a general power outage, cybercrime and the situation that
We receive products or services too late from our suppliers. We
We can also invoke force majeure if the force majeure occurs after we have
Should have complied with the agreement.
10.3 We have the right to suspend the obligations under the Agreement.
suspend during the period in which the force majeure occurs. Both Parties have
the right to terminate the Agreement without compensation for damages if
this period of force majeure lasts longer than three months.
10.4 If we have already fulfilled part of our obligations when force majeure occurs,
If you have fulfilled your obligations under the Agreement, we may charge you for this in advance.
You are then obliged to pay this invoice as if it were a
separate Agreement.

11. REIMBURSEMENT AND PAYMENT
11.1 We apply a payment term of 14 days after invoice date.
11.2 We always charge shipping costs for shipping our Products.
Prices include VAT and exclude shipping costs, unless otherwise stated.
11.3 In the event of non-payment or late payment, you are liable without prior notice of default.
or notice of default from us from the expiry of the payment term. A
The consumer will first be informed by us of the late payment and a
a period of 14 days will be granted to still meet the payment obligation.
You will then owe statutory interest on the outstanding amount.
amounts (including collection costs) from the due date of the invoice until the
moment of payment of the full amount due. All reasonable
judicial and extrajudicial costs to obtain satisfaction are incurred
also at your expense. These collection costs amount to a maximum of: 15% of
outstanding amounts up to €2,500; 10% on the subsequent €2,500 and 5%
on the next €5,000 with a minimum of €40.
11.4 We have the right to apply the payments you have made to the
firstly in reduction of the costs, then in reduction of the
accrued interest and finally in reduction of the principal and the current
interest. Your payments are always used by us to settle the
oldest expired claims.
11.5 You are not entitled to offset any amount owed to us.
owed.
11.6 Objections to the amount of an invoice or other objections will be suspended.
your payment obligation.
11.7 Discount codes are not valid on discounted items unless otherwise stated. One discount code can be used per order.
11.8 Personalized products cannot be returned.

12. LIABILITY
12.1 Our liability is always limited to what is stated in these general terms and conditions.
conditions have been arranged.
12.2 We accept no liability for:
- incorrect and/or incomplete data provided (or entered) by you;
- the manner in which the Products are used by you or by third parties;
- circumstances beyond our control.
- unskilled, careless or improper use of the Product, such as use
of the Product in a manner for which it is not intended or use contrary to
with the safety and/or operating instructions.
- normal wear and tear and depreciation of the Product that is not our fault
arises;
- You have repaired and/or modified the delivered Products yourself or have them repaired and/or modified by third parties
has had it repaired and/or edited;
- The delivered Products have been exposed to abnormal conditions or
otherwise treated carelessly.
12.3 We are not liable for the final suitability of the Product.
for each individual application by you, nor for any advice regarding
regarding the use and application of the Product.
12.4 We do not provide any guarantees regarding the results of the work performed.
activities.
The products we offer are from reputable brands and suppliers, who are responsible for the quality, safety, and compliance of their products. Un-wrapped acts as a reseller and is not liable for manufacturing defects, material defects, or damage resulting from product use, unless otherwise provided by law. In the event of any doubt or complaint about a specific product, we will mediate between the customer and the supplier in question to find a suitable solution.
12.5 Our liability is in any case always limited to a maximum of the
amount that our insurer will pay out in the event, or if no payment is made
of the insurance takes place, up to a maximum of the amount invoiced by us to you
amount for the last calendar month regarding the (partial) order to which the
liability relates.
12.6 We are only liable for direct damage. Direct damage includes
is understood exclusively as the reasonable costs of determining the cause and the
extent of the damage, any reasonable costs incurred to repair our defective
to ensure that the performance complies with the Agreement, to the extent that this is provided to us
can be attributed and reasonable costs incurred to prevent or
limitation of damages, to the extent that you demonstrate that these costs have led to
limitation of direct damage as referred to in these general terms and conditions.
12.7 We are never liable for indirect damage, including
consequential damage, lost profits, lost savings and damage resulting from
business stagnation.
12.8 The limitations of liability contained in this article do not apply
if the damage is due to our intent or gross negligence.
12.9 Safety and supervision: All our baby and child products comply with applicable EU safety standards. It is the parent/guardian's responsibility to use the product correctly and to always supervise the child during use. Un-wrapped is not liable for damage or injury caused by improper or careless use.
12.10 Products with an age indication should only be used within those guidelines. Always consult the packaging or product description for specific warnings.
12.11 Our gift packaging is carefully designed for a beautiful presentation. It is not intended as a toy or suitable for prolonged use by children.

13. INDEMNIFICATION
13.1 You indemnify us and any third parties engaged by us against any
liabilities towards third parties who suffer damage as a result of the performance
of the Agreement. This indemnity also applies to the intellectual property
which may be based on the data, documents or information provided by you
information. In addition, you indemnify us – to the extent permitted by law – against all
claims by third parties in connection with any infringement of intellectual property
ownership rights of these third parties.
13.2 If you use or apply any result obtained from us, or allow third parties to use or apply it,
If you give us the opportunity to use or apply this, you indemnify us against any
liability resulting from damages claimed by you and/or third parties.
13.3. Ordered before 3:00 PM = shipped within 1-2 business days.
13.4. We ship via PostNL.
13.5. Free shipping on orders over €50 (NL/BE). Below that amount, we charge €5.95 for shipping.

14. RESERVATION OF OWNERSHIP
14.1 All (partial) products that we supply always remain our property if you still
have not fulfilled all obligations under the Agreement. Or the ownership
What will then be your responsibility depends on the agreements we have made.
14.2 Because these Products remain our property, you may not sell, rent,
deliver to another person or otherwise dispose of it. You also do not have the
right to pledge these Products or to acquire other rights in the Products
to grant.
14.3 You now give us permission in advance to place (digital and physical)
enter where our Products are located to take them back. This
consent is unconditional and you cannot withdraw it.
14.4 If you (possibly) encounter payment difficulties, you must tell us as soon as possible.
possible.

15. PRODUCT WARRANTY AND DEVIATIONS (CONSUMERS)
15.1 Our warranty is in accordance with the manufacturer's warranty of the Product. The
Warranty only applies if original proof of purchase can be provided
shown.
15.2 Deviations between the delivered Product on the one hand and the
original design, drawing or model or the proof print, respectively, can
do not constitute grounds for rejection, discount, termination of the Agreement or
compensation, if they are of minor importance.
15.3 Unless expressly stated or displayed otherwise by us on the
packaging(s), all Products should be stored at room temperature.
15.4 The Products shall not be exposed to abnormal
conditions: temperatures (including but not limited to exposure
to prolonged heat and sunlight) and (air) humidity. Prolonged exposure
Conditions outside of normal temperatures and humidity may affect the
reduce the lifespan of the Product.
15.5 If you use the Product carelessly, no liability will arise.
guarantee and/or obligation by us. This also means that you
as soon as possible, but within two (2) weeks after delivery of the Product,
You must report any defect or incorrect delivery of the Product to us.
15.6 If any of the following situations apply, the
warranty:
- normal wear and tear and aging, such as discoloration of the
Product or a reduction in adhesion;
- defects that have not arisen because the Product has not been used 'normally',
for example through unskilled use;
- damage resulting from external influences, abnormal conditions, use
from aggressive cleaning agents, exposure to chlorine, etc.
- the fact that you or a third party have attempted to repair or
change, without our prior written consent.

16. OBLIGATION TO INVESTIGATE AND COMPLAINTS
16.1 You must immediately accept the goods delivered by us at the time the Services are delivered.
be made available to you to investigate, which must be done
determined whether the quality and/or quantity corresponds to what is
agreed. Any complaints must be submitted within 7 days of delivery.
be notified to us in writing by you. You must give us the opportunity to do so
to investigate a complaint. Complaints submitted to us will be investigated.
within a period of 14 days from the date of receipt
answered. If a complaint requires a foreseeably longer processing time,
will be answered by us within 14 days with a message from
receipt and an indication of when you can receive a more detailed answer
to expect.
16.2 You must give us at least 4 weeks to resolve the complaint in mutual consultation.
to resolve the matter through consultation. After this period, a dispute arises that is subject to the
dispute resolution.
16.3 If you have a complaint, you must first report it to us. You can submit a complaint within 7 days of receiving the product via hello@un-wrapped.com. Complaints that cannot be resolved amicably must be submitted to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will be free of charge.
mediate. If a solution is still not reached, then
you the opportunity to have your complaint handled by the Stichting
WebwinkelKeur appointed independent dispute committee, the ruling
hereof is binding. Parties agree to this binding decision.
There are costs involved in submitting a dispute to this dispute committee.
These costs will always have to be paid by you. It is also possible to
to register complaints via the European ODR platform (http://ec.europa.eu/odr).
16.4 For the application of these provisions, each partial delivery shall be deemed
considered separate delivery.
16.5 If a defect is found and a complaint is made in a timely manner,
We will remedy the defect within a reasonable period after your written notice
replace or repair it.
16.6 Submitting complaints never releases you from your purchase and
payment obligation to us.
16.7 If you fail to report a defect/complaint in a timely manner, you will no longer have any rights.
to repair, replacement or any other compensation.
16.8 The limitation period for all claims and defenses against us
and third parties involved by us in the performance of an Agreement, who are not
the period within which complaints are made is one year.

17. INTELLECTUAL PROPERTY RIGHTS
17.1 The Agreement is never intended to transfer any intellectual property rights
transfer or sell ownership of the Products to you. You acknowledge that you
will not obtain any intellectual property rights in the Products.
17.2 We reserve the rights and powers to which we are entitled
under the Copyright Act and the Neighboring Rights Act. We always reserve
all rights to the source codes, plans and blogs written by us
and/or other content, documents, images, drawings, animations, websites
and/or related information and know-how, even if
charges have been made for this. To the extent that such an intellectual
ownership rights can only be obtained by deposit or registration, are
We are exclusively authorized to do so, unless otherwise agreed in writing.
17.3 All intellectual property rights arising in the performance of the
Agreement rests solely with us and may not be terminated without our prior
permission may not be given (in whole or in part) in any form
reproduced or copied. You may not make it available otherwise
other than for the purpose for which it was provided by us.
17.4 You are not permitted to display any copyright notice,
trademarks, trade names or other intellectual property rights from the
to remove or modify delivered Products.
17.5 We have the right to publish your company name and logo
on our website and in communications and marketing materials as a user
of the Products. You have the option to object to this, in that
In that case, we will delete your data within a reasonable period of time.

18. PRIVACY
18.1 We are familiar with the General Data Protection Regulation (GDPR)
and take this into account when processing your (personal) data.
no (personal) data will be shared with third parties, unless (i) this is necessary for
proper performance of the Agreement; or (ii) we have a legal obligation
to share the (personal) data; or (iii) we have explicit permission to do so
have received from you; or (iv) if any of the other legal grounds for the
processing of personal data applies. If you decide to
If you wish to provide us with personal data of third parties, you must request us
to have an appropriate processing agreement that meets the requirements set out in the
GDPR.
18.2 We have the right to access your data,
to the extent required for the supply of the Products, and for any other purpose
for which such access is reasonably deemed necessary.

19. APPLICABLE LAW AND DISPUTES
19.1 All legal relationships with us are exclusively governed by Dutch law.
application.
19.2 The Vienna Sales Convention 1980 is expressly excluded.
19.3 The competent court in our place of business has exclusive jurisdiction.
to take cognizance of disputes, unless the law prescribes otherwise.
19.4 Parties will only appeal to the court after they have agreed to the
have made every effort to settle a dispute by mutual agreement.